Cityviz Data Platform Terms of Use

Last modified: June 7, 2021

This Cityviz Data Platform for Economic Development (“Cityviz Data Platform”, “Cityviz”) website gives its visitors, users and administrators a user-friendly access to vast amount of publicly available Canadian demographic and economic data, business or investment opportunities, opportunity details and pictures. We invite you to connect with us by freely using the information tools we provide. We require only that you abide by our Terms of Use, to protect against abuses of the website.

Acceptance of Terms of Use

As a provider of Cityviz Data Platform, Ruby Industries Inc. (“Ruby Industries”, “us” or “we”) publishes data, data tables, charts, graphics, images, information, maps, dashboards, content, files, documents, and material (collectively, “Content”) on the Cityviz Data Platform. All data is made available on an “as is” and “as available” basis.

You are welcome to freely download and use this Content as long as you abide by these Terms of Use (“Terms of Use,” or “Terms”), which shall constitute a contract between you and Ruby Industries. By accessing, viewing, downloading and/or otherwise using this Cityviz Data Platform, you accept and agree to be bound by these Terms of Use. The Terms of Use affect your legal rights and obligations. If you do not agree to be bound by the Terms of Use, do not access or use the Cityviz Data Platform website. 

You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or other such entity to the Terms of Use. The Cityviz Data Platform website is hosted by Ruby Industries. You acknowledge and agree to abide by any other terms that may apply generally to the Cityviz Data Platform website, including the Cityviz Data Platform Privacy Policy as specified here: Privacy Policy, or other terms that may be imposed on specific Content from the Content Source Organization or otherwise, such as terms embedded or otherwise stated in any downloadable file, or on the page from which Content is accessed. The Content Source Organizations are the data sources that provide the content or data not owned by Ruby Industries or its licensors.

These Terms of Use may be updated by us at any time without notice to you. Such modifications to the Terms become effective upon posting to this website, unless otherwise indicated. Your continued access or use of the website or Cityviz Data Platform after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

Third Party Sites, Services, or Features

The Cityviz Data Platform may contain links to third-party sites, service providers, or features that are not owned or controlled by Ruby Industries. Ruby Industries is in no way responsible or liable for any third-party sites, services, or features, and such links do not imply approval by Ruby Industries of the listed destinations, warrant the accuracy of any information in those destinations, or constitute endorsement of the entities to whose sites the links are made or of the opinions expressed therein.

These third-party sites, services, or features may be governed by the privacy policies or other terms of the third parties that provide them, and some may require you to create and log in to an account on the third-party site. By using third party sites, services, or features, you do so at your own risk, and you expressly relieve Ruby Industries from any and all liability arising from your use of those third-party sites, services, or features.

If you have a question or comment about any of these other sites, services, or features, please contact the respective third-party provider directly.

Lawful Purposes

As a condition of your use of Content and Services published on the Cityviz Data Platform, you warrant to Ruby Industries and Content Source Organizations that you will not use this website or its Content for purposes that are unlawful or prohibited by these Terms of Use.

You agree to comply with all laws, rules and regulations (for example, federal, provincial, and local) applicable to your use of the Cityviz Data Platform, including but not limited to, intellectual property laws. You may not use the Content and Services here to commit a criminal or civil offense or encourage others to do so. Ruby Industries may require you, by providing you with a notice in writing with which you shall comply, to cease using or displaying its Content if we reasonably believe you are violating these Terms of Use, violating other terms posted on the Cityviz Data Platform and applicable to the website's Content, or that you are failing to abide by international, federal, provincial, or local laws, regulations, or ordinances. In that event, you agree to immediately remove any Content that you have displayed or published at your own cost.

Content Quality

Cityviz Data Platform strives to provide Content that is accurate and current. Any errors and omissions should be reported for investigation to data.quality\@rubyind.com.

Disclaimer of Warranties and Limitation of Liability

You expressly acknowledge and agree that your use of the content on this website is at your own risk, and you agree that you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or breach of data that results from the download of any such material. 

Content and services are provided on an “as is” and “as available” basis and is being made available for informational purposes only. Human or mechanical error, disruptions in service, or failure of communications networks, mechanical or electronic equipment could cause inaccurate information to be posted on the Cityviz Data Platform. You agree to waive any liability or responsibility by Ruby Industries and content source organizations for the accuracy, timeliness, completeness, or quality of the content provided on the Cityviz Data Platform.

Ruby Industries and its officers, employees, agents, content source organizations, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Ruby Industries and its officers, employees, agents, content source organizations, and licensors make no warranty that the content or services will meet your requirements; the content or services will be timely, secure or error-free; the quality of any content, services, information or other material obtained by you through the Cityviz Data Platform will meet your expectations; and that any errors will be corrected. 

Ruby Industries and content source organizations also do not vouch for the continued accuracy or currency of the content after it has been downloaded from the Cityviz Data Platform, nor the quality or accuracy of any analyses or re-uses of that content.

You agree that no advice or information, whether oral or written, obtained by you from Ruby Industries, or content source organizations or through or from the website or Cityviz Data Platform shall create any warranty not expressly stated in the Terms of Use. The information provided by Cityviz Data Platform related to business matters does not constitute business advice. If you need business advice for a specific problem, you should consult with a business advisor or appropriate professional. Neither Cityviz Data Platform nor any information provided by Cityviz is a substitute for business advice from a qualified business advisor or other relevant professional.

You expressly acknowledge and agree that Ruby Industries and its officers, employees, agents, content source organizations, and licensors shall not be liable to you under any theories of liability, whether asserted for breach of contract, tortious behavior, strict liability, negligence or under any other cause of action, for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ruby Industries or content source organizations have been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the content or service.

(b) the cost of procurement of substitute goods and services.

© unauthorized access to or alteration of your transmissions or data.

(d) any other matter relating to the content or service. This limitation is in addition to and not in lieu of any constitutional, statutory, or sovereign immunity defense that may be available to Ruby Industries or its agents or employees.

Ruby Industries will make reasonable efforts to correct errors on the Cityviz Data Platform that you bring to our attention. However, we make no guarantee that the information on this website or on the Cityviz Data Platform is up-to-date, accurate or complete, and you should not rely on it in making any decision, taking any action or refraining from taking any action.

In no event shall Ruby Industries be liable for any indirect, incidental, punitive, special or consequential damages for loss of profits, use, data or other intangible property, even if Ruby Industries has been advised of the possibility of such damages and notwithstanding the failure of any essential purpose.

Entire Agreement

These Terms of Use agreement contains the entire agreement between you and Ruby Industries and supersedes any and all previous agreements with respect to the subject matter hereof, whether orally or in writing. This agreement supersedes any other terms or representations whether oral or written.

Notices

All notices to a Party shall be in writing and sent to the addresses specified in this agreement and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Governing Law

This agreement and any disputes hereunder shall be governed in all respects, including validity, interpretation and effect, by the laws of British Columbia without regard of its conflict of laws principles. Any dispute under this agreement shall be brought exclusively in the courts of British Columbia, and Customer hereby submits to the exclusive jurisdiction of such courts. Customer agrees that any cause of action arising out of or related to this agreement shall be brought within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Headings

The headings in this agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

English Language

It is the express will of the Parties that this Agreement has been written in English. 

Changes to Terms of Use

We may update Terms of Use from time to time, without a notice. The last modified date of Terms of Use is reflected at the top of this page. You are encouraged to visit this page from time to time, to make sure that you are aware of any changes that might have been done to the Terms of Use. Your continued access or use of the website or Cityviz Data Platform after the modifications to the Terms of Use have become effective shall be deemed your conclusive acceptance of the modified Terms.